NIGERIA

• Kinds of Trademarks registrable in NIGERIA

  • Following indications may be used as Trademarks in Nigeria:

    1. Brands
    2. Labels
    3. Tickets
    4. Numerals
    5. Names represented in a special or distinctive manner
    6. Signatures
    7. Invented words
    8. Words not having direct reference to the character or quality of goods
    9. Combination of all of the above

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
    •  Series Marks
• Requisites for a Trademark to be registrable in NIGERIA

  • Trademarks must contain the following essential requirements to be registrable in Nigeria:

    1. Distinctiveness
    2. Non-descriptive of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in NIGERIA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Nigeria:

    1. Trademarks devoid of any distinctive characteristic;
    2. Trademarks that contravene public order,  morals and religious icons, symbols sentiments;
    3. Trademarks containing general emblems, flags and other symbols of the State or other States, regional or international organizations, as well as any imitation therefore;
    4. Trademarks that are identical or similar to symbols of pure religious nature;
    5. Red cross or Red Crescent symbols or other similar symbols; as well as marks that are imitations thereto;
    6. Photographs or emblems of third parties, unless with prior consent there from;
    7. Trademarks and Geographical Indications that may mislead public, cause confusion thereto, or that include untrue information about the source or other characteristics of the products, as well as marks that include data about imaginary, imitated or counterfeit trade names.

    TrademarkCopia through its associate Law Firms and Lawyers in Nigeria  is at hand to help you with trademark registration and prosecution.

• Trademark Search in NIGERIA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.v.

    Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Nigerain Trademarks Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Nigeria.

• Trademark Filing in NIGERIA

  • Filing is done with the Trademark office of Nigeria.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in NIGERIA

  • Once the application is filed, a Preliminary (formality) examination regarding compliance of all the requisites is carried out along with a search for prior existing trademarks followed by Substantive examination.

    Post examination, Trademark office will inform the applicant regarding rectifications or changes if any to be carried out within stipulated time failing which trademarks application is deemed abandoned. .

• Trademark Publication & Opposition in NIGERIA

  • Once accepted, the mark is published in the official gazette. Within 60 days from the date of publication, opposition if any from 3rd parties is to be lodged.

    If the trademark application does not encounter any opposition, the trademark is then registered and Certificate of registration issued.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Nigeria can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in NIGERIA

  • Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a Certificate of registration.

    The term of registration is for 7 yrs to be renewed periodically every 14 yrs.

    Rights of Trademark Owners:Trademarks may be:

    • Inherited- Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in NIGERIA

  • Post Filing: Failure to use the mark post registration for 5 yrs. continuously could lead to premature termination of the mark.

• Trademark Cost of Registration in NIGERIA

  • Please write mail for the cost of registration of trademark in Nigeria to the mail address given below:

    contact@trademarkcopia.com